Fosamax Trials Set

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

Three early trials regarding Merck & Company’s osteoporosis drug, Fosamax, have been set for trial. Fosamax users have been diagnosed with osteonecrosis of the jaw, an irreversible and painful condition that destroys bone tissue and hundreds of lawsuits have been filed against the pharmaceutical giant.

Over 600 lawsuits filed

Fosamax has been linked to hundreds of injuries across the nation and more than 600 lawsuits have already been filed against Merck & Company, the drug’s manufacturer. The lawsuits have been consolidated into a multi-district litigation and are centralized in the U.S. District Court for the Southern District of New York. Three early trials have been set with the first one beginning in August 2009, the second in October 2009 and the third in January 2010. The three cases will be heard by juries and will help to identify the relevant issues concerning all the pending cases. Legal experts say that more lawsuits continue to be filed by women who have been injured by the drug.

What is Fosamax?

Approved by the U.S. Food and Drug Administration (FDA) in 1995, Fosamax is manufactured by Merck & Company and is prescribed to treat postmenopausal osteoporosis. However, since that time, it has been linked to a deterioration of the jaw bone, known as osteonecrosis, and the FDA required an additional warning to be placed on the label in 2005. It has also been linked to increased rates of irregular heartbeats, or atrial fibrillation, according to the New England Journal of Medicine.

Generic versions approved

Earlier in 2008, the FDA approved generic versions of Fosamax which are now manufactured by Teva Pharmaceuticals USA of Pennsylvania and Barr Laboratories Inc. of New Jersey. The success of these generic equivalents will likely be dependant upon how the hundreds of lawsuits against Merck & Company are resolved.

If you’ve been injured due to Fosamax or any other drug, contact an experienced Fosamax attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and strictly confidential.

Case Studies: Fosamax Trials and Lawsuits

Case Study 1: Fosamax Trials Set

In the case of Johnson v. Merck & Company, three early trials have been set to determine the liability of Merck & Company, the manufacturer of Fosamax, an osteoporosis drug. The plaintiff, Ms. Johnson, was diagnosed with osteonecrosis of the jaw after using Fosamax. This condition caused her severe pain and irreversible damage to her jawbone.

The trials are scheduled to take place in the U.S. District Court for the Southern District of New York, with the first trial beginning in August 2009, followed by the second in October 2009 and the third in January 2010. These trials will help establish the legal precedent for the pending Fosamax lawsuits.

Case Study 2: Over 600 Lawsuits Filed

Since the discovery of the link between Fosamax and osteonecrosis of the jaw, over 600 individuals have filed lawsuits against Merck & Company. One of these plaintiffs is Mr. Anderson, who experienced jawbone deterioration and significant pain after taking Fosamax.

The lawsuits have been consolidated into a multi-district litigation in the U.S. District Court for the Southern District of New York to streamline the legal process. This consolidation allows the courts to handle the large number of cases efficiently. Legal experts anticipate that more women who have suffered similar injuries will continue to file lawsuits against Merck & Company.

Case Study 3: What is Fosamax?

Ms. Roberts, a postmenopausal woman with osteoporosis, was prescribed Fosamax to manage her condition. Unfortunately, she developed osteonecrosis of the jaw, a serious side effect of the drug. Osteonecrosis occurs when the jawbone is deprived of blood flow, leading to decay and eventually causing severe pain and damage.

In 2005, the FDA required Merck & Company to include an additional warning about this risk on the Fosamax label. Moreover, research published in the New England Journal of Medicine suggests that Fosamax may also increase the chances of irregular heartbeats, known as atrial fibrillation.

Case Study 4: Generic Versions Approved

After facing legal challenges and lawsuits related to Fosamax, Merck & Company’s exclusive patent expired, allowing other pharmaceutical companies to produce generic versions of the drug. In our fictional case, Ms. Ramirez switched to a generic version of Fosamax manufactured by Teva Pharmaceuticals USA.

The approval of these generic equivalents provides more options for individuals prescribed Fosamax. However, the resolution of the ongoing lawsuits against Merck & Company will impact the success and availability of these generic alternatives.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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